Bristol City Council (19 019 037)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 15 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about a fall he says was due to a lack of lighting. This is because we cannot decide liability in complaints involving personal injury.
The complaint
- The complainant, whom I shall call Mr X, complains he fell over due to a lack of lights in a local park. Mr X wants compensation for his injuries.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before issuing a final decision on his complaint.
What I found
- Mr X says he fell over in a local park due to a lack of lights. Mr X says he was knocked unconscious following the fall. Mr X wants the Council to pay compensation.
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving personal injury. These are a matter for the Council’s insurers and, ultimately, for the courts.
- If Mr X wants the Council to pay compensation, he can make a formal claim to the Council’s insurers. If the Council’s insurers refuse the claim, he can take the matter to court. I consider it would be reasonable for him to do so. This is because only the Court can decide if the Council has been negligent. The Court can decide what damages, if any, the Council should pay. This is the outcome Mr X wants. It is not one the Ombudsman can achieve for him.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the legal remedy available to him.
Investigator's decision on behalf of the Ombudsman